Script 201 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

Is possession of marijuana a criminal offense?
Yes. Possession of marijuana is a criminal offense under the Controlled Drugs and Substances Act (available at http://laws.justice.gc.ca/ - click on “Statutes by Title”). You don’t have to own the marijuana – you just have to have, or possess, it. There are medical exceptions. If you are charged with possession of marijuana, you should speak to a lawyer.

What must the prosecutor prove to convict you? What can you do?
In court, the prosecutor, also called the crown counsel, must prove – beyond a reasonable doubt – that you:

• had control of the marijuana – for example, the police found it on you or in an area you controlled, such as a car, suitcase, or bedroom, and
• knew the marijuana was there.

If the prosecutor proves both these things, the judge may convict you. To prove these things, the prosecutor will have witnesses – normally the police officer who arrested you – tell the court (or testify) about the situation when they found the marijuana on you. Witnesses testify under oath, meaning they promise to tell the truth. You can question, or cross-examine, each witness the prosecutor uses.

After the prosecutor finishes, you – and your witnesses, if you have any – can tell the court what happened. To do this, you have to take an oath promising to tell the truth, and then give evidence as a witness. If you have any witnesses who saw what happened and who can support your story, you can call them to testify, or give evidence. They also have to promise to tell the truth. You then question them about what they know. When you and your witnesses finish giving evidence, the prosecutor can question, or cross-examine, you and them.

Lastly, you and the prosecutor summarize your positions by making “submissions” to the court. For more information, refer to script 211, called “Defending yourself against a criminal charge”, and script 212, called “Pleading guilty to a criminal charge”.

Is the amount of marijuana important?
Yes – a small amount is less serious. The more you have, the greater the chance that you may be charged with possession for the purpose of trafficking, a more serious offense with more serious penalties. The way the marijuana is packaged is also important.

What are the penalties?
If a judge convicts you, you may get a criminal record. For a first conviction, if you had less than 30 grams of marijuana, the maximum penalties are a fine of $1000 or 6 months in jail, or both. But the penalty for a first offense is usually much less. A judge can also give you a discharge – for information on this, refer to script 203, called “Conditional sentences, probation and discharges.” You can also ask the prosecutor for diversion (or alternative measures). For more on this, check script 212, called “Pleading guilty to a criminal charge”.

A criminal record can prevent you from traveling to other countries, getting certain jobs, being bonded (which some jobs require), and applying for citizenship. Refer to script 205, called “Criminal Records and Applying for a Pardon,” for more information.

The legal issues for this crime can be complex and a conviction can seriously harm you. If you are charged with this crime, you should talk to a lawyer.

[updated September 2009]

Dial-A-Law© is a library of legal information that is available:

• by phone, as recorded scripts, and
• by audio and text, on the CBA BC Branch website.

To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.cba.org/bc in Public & Media.

The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Dial-A-Law is funded by the Law Foundation of British Columbia and sponsored by the Canadian Bar Association, British Columbia Branch.

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